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20160980 Ver 2_Meadow Spring BPDP for PN_20180309Bank Parcel Development Plan Meadow Spring Mitigation Site (DWR #2016-0980v2) Johnston County, North Carolina Neuse River Basin HUC 03020201 Prepared By: Bank Sponsor: EBX-Neuse I, LLC, 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-829-9909 March 2018 Meadow Spring ii Parcel Development Package Buffer/Nutrient Offset Site March 2018 Table of Contents 1 INTRODUCTION ........................................................................................................................ 3 1.1 Parcel Location ....................................................................................................................... 3 1.2 Parcel Overview ...................................................................................................................... 3 2 PROJECT AREA – EXISTING CONDITIONS ....................................................................... 5 2.1 Physiography ........................................................................................................................... 5 2.2 Soils......................................................................................................................................... 5 2.3 Existing Vegetation Communities ........................................................................................... 8 2.4 Wetlands ................................................................................................................................. 8 2.5 Threatened and Endangered Species ....................................................................................... 9 2.6 Environmental and Cultural Constraints ............................................................................... 10 3 RIPARIAN RESTORATION & ENHANCEMENT PLAN ................................................... 10 3.1 Parcel Preparation ................................................................................................................. 10 3.2 Riparian Restoration and Enhancement Activities ............................................................... 11 3.3 Planting Plan ......................................................................................................................... 11 3.4 Easement Boundaries and Fencing ....................................................................................... 12 4 MONITORING AND MAINTENANCE PLAN ...................................................................... 12 4.1 Monitoring Protocol and Success Criteria ............................................................................ 12 4.2 Adaptive Management Plan and Parcel Maintenance ........................................................... 13 4.3 Long Term Management Plan ............................................................................................... 13 5 FINANCIAL ASSURANCE ...................................................................................................... 14 6 MITIGATION POTENTIAL .................................................................................................... 14 7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING ............................................... 16 8 REFERENCES ............................................................................................................................ 17 APPENDIX Appendix A– Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Figure 4. Conceptual Design Plan for Stream Mitigation and Wetland Restoration/Enhancement Bank Site Figure 5. Conceptual Design for Riparian Buffer and Nutrient Offset Credit Determination Map Figure 6. USGS Topographic Map Figure 7. Soils Map Figure 8. National Wetlands Inventory Map Figure 9. FEMA Map Appendix B– Correspondence Appendix C– Conservation Easement and Plat Appendix D – Existing Conditions Photos (February 8, 2018) Meadow Spring 3 Parcel Development Package Buffer/Nutrient Offset Site March 2018 1 INTRODUCTION EBX–Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide this Bank Parcel Development Plan (BPDP) for the Meadow Spring Riparian Buffer & Nutrient Offset Mitigation Bank (“Parcel”). This Parcel is designed to provide riparian buffer mitigation credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (USGS) 8-digit Hydrologic Unit Code (HUC – 03020201). In addition, it will also provide nutrient offset credits in the 03020201 HUC, excluding the Falls Lake Watershed, for existing and proposed development requiring such mitigation (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, 15A NCAC 02B .0240 and the RES Neuse Umbrella Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (UMBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality-Division of Water Resources (DWR). Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with Meadow Spring Stream Mitigation Site in the Neu-Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016-01989). The mitigation plan for the Meadow Spring Stream & Wetland Mitigation Bank has been submitted and is in review with the Interagency Review Team (IRT). 1.1 Parcel Location The Meadow Spring Parcel is located in Johnston County approximately three miles north of Smithfield, North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14-digit HUC 03020201100050, a Targeted Local Watershed, and DWR Subbasin Number 03-04-02. To access the Site head East on NC 70 from the Town of Wilson Mills and turn right onto Wilson Mills Road and head south for approximately 1.5 miles. The coordinates of the site are 35.5437°N and - 78.3303°W. 1.2 Parcel Overview When combining the Meadow Spring Stream & Wetland Mitigation Bank with the Meadow Spring Riparian Buffer Mitigation and Nutrient Offset Bank, the conservation easement will total approximately 60.93 acres and includes one unnamed tributary to the Neuse River. The Parcel is located in an area dominated by agricultural fields, cattle pastures and wooded areas. The majority of the Parcel is actively grazed pasture and disturbed riparian forest. Additional land use practices including the maintenance and removal of riparian vegetation and the relocation, dredging and straightening of onsite streams has resulted in degraded water quality and unstable channel characteristics. The Parcel also contains an agricultural pond that has been in place for over 40 years. The Meadow Spring Stream Mitigation Site is proposed to provide stream enhancement and restoration on approximately 7,393 linear feet of streams and wetland restoration and enhancement on approximately 36.53 acres of wetlands, to generate 17.02 wetland mitigation units, within the conservation easement through a separate mitigation banking instrument with the IRT. RES does not plan to convert any wetland mitigation credits to buffer or nutrient credit. Figure 3 shows the existing stream channel and Figure 4 shows the proposed stream channel designs for the stream mitigation bank. Restoration and enhancement of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) and other riparian areas onsite are anticipated to result in immediate water quality benefits within the vicinity Meadow Spring 4 Parcel Development Package Buffer/Nutrient Offset Site March 2018 of the Parcel and will include the removal of livestock access to Parcel streams and reduction in nutrient loads from agricultural land-uses. The riparian restoration activities within the Parcel will also result in improved water quality within the downstream watershed. The easement is separated by an existing power easement and three agricultural crossing. The project is divided into an upper and lower portion by the existing power easement. The upper portion of the project includes reaches S1, S2, S5, S6A and S6B. The lower portion of the project includes reaches S7, S9, S11, S12 and S13. Stream identifications were verified by the DWR site visit on August, 17 2016. Correspondence regarding this determination is in Appendix B. The drainage area of the Parcel is approximately 0.59 mi². The BPDP will only generate credit in the upper portion of the easement above the utility line (Figure 5). The Meadow Spring Bank Parcel is being proposed to restore and enhance stream systems with their adjacent riparian buffers and their functions and values to compensate, in appropriate circumstances, for unavoidable riparian buffer impacts and nutrient load reduction requirements. The buffer mitigation plan proposed on this Bank is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 as well as conditions specified in the RES Neuse Umbrella Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (UMBI). DWR staff performed an onsite viability assessment for buffer mitigation and nutrient offset on October 18, 2016. Correspondence regarding this assessment is provided in Appendix B and dated November 4, 2016. For purposes of the Meadow Spring Nutrient Offset & Buffer Bank, the Parcel involves restoring and enhancing riparian buffers and other riparian areas adjacent to mitigated streams onsite. All the riparian areas were assessed by DWR during an onsite visit to determine viability for buffer mitigation and nutrient offset. During the site visit and noted in the letter dated September 1, 2016, all riparian areas adjacent to streams associated with the upper portion of this proposed bank were confirmed to have been in pasture for cattle grazing and are and are therefore proposed as "Enhancement" in Figure 5 and in Table 4 for generating buffer mitigation credits under 15A NCAC 02B .0295 (o)(6) via cattle exclusion (Appendix B). This upper portion includes S2, S5 and S6 and will have approximately 8.13 acres protected with a permanent conservation easement. Of those 8.13 acres, 4.35 acres will be restored for Neuse riparian buffer credit, 1.81 acres will be restored for nutrient offset credit, and 1.97 acres will be enhanced by the removal of cattle from the streams and riparian areas for Neuse riparian buffer credit only. The agricultural pond will be drained and incorporated into reach S6 to restore to the natural condition. In general, riparian restoration/enhancement area widths on streams will extend out to a maximum of 200 feet from the top of bank with a minimum width of 50 feet from top of banks. Riparian buffer enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (o)(6) but cannot be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are less than 50 feet wide from top of banks can be used to generate nutrient offset credit. Therefore, the maximum acreage of riparian restoration on this site that can be converted into nutrient offset credits if needed by RES, is 4.35 acres. Figure 5 shows the Credit Determination Map and Section 6.0 provides details of the mitigation determination on the Bank Parcel. Areas along reaches S7 and S9 within the project are being used to generate additional stream credit for the United States Army Corps of Engineers (USACE). As shown on Figure 4, this area is solely being used for the generation of stream mitigation credits, and will not be used for the generation of stream Meadow Spring 5 Parcel Development Package Buffer/Nutrient Offset Site March 2018 mitigation credits, and will not be used for the generation of any other credit type (i.e. The same square foot of buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits). 2 PROJECT AREA – EXISTING CONDITIONS 2.1 Physiography The Parcel is in the Rolling Coastal Plain Physiographic Province. The site is located on the Neuse River floodplain and has a gently rolling topography. Elevations range from 120 to 150 feet above mean sea level (NAD 27) based upon USGS topographic mapping (Figure 6). One unnamed tributary on the Meadow Spring Bank Parcel, as well as overland flow of storm water, drain into the Neuse River. The Neuse River is classified by DWR as NSW. The NSW is a designation for nutrient sensitive waters – intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. Natural drainage patterns throughout the watershed have been altered by cultivation and dredging of the channels. Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding row crop agriculture and cattle pastures. Also, as shown on the Existing Conditions map (Figure 3), the construction of a farm pond has altered surface drainage and placed spoil across the floodplain. 2.2 Soils The soils within the Rolling Coastal Plain region of Johnston County formed in sediments deposited several million years ago by the oceans and streams. The floodplains along the Neuse River consist of relatively recent deposits of sediments that are not as highly weathered as sediments in the Coastal Plain Region. Much of the county is well drained; however, several areas are poorly drained. The Parcel is located within the Wehadkee-Bibb-Chewacla soil association. The Wehadkee-Bibb-Chewacla soil association is located along major streams and creeks throughout Johnston County. The largest mapped area of this soils association is along the Neuse River south of Smithfield. The soils range from well to poorly drained. This soil association is located along major streams and creeks throughout Johnston County. The largest mapped area of this soils association is along the Neuse River south of Smithfield. The Johnston County Soil Survey shows several mapping units across the project site. Map units include eleven soil series (Figure 7). The upland soils found in this area of the county formed in sandy sediments from marine and fluviomarine deposits, loamy alluvium, or clayey Coastal Plain sediments. The upland soils at this site are on a river terrace above the active floodplain. The soil series found on the site are described below and summarized in Table 1. Meadow Spring 6 Parcel Development Package Buffer/Nutrient Offset Site March 2018 Table 1. Parcel Mapped Soil Series Map Unit Symbol Map Unit Name Percent Hydric Drainage Class Hydrologic Soil Group Landscape Setting AaA Altavista fine sandy loam, 0-2% slopes 9% Moderately well C Stream terraces AsA Augusta sandy loam, 0-2% slopes 7% Somewhat poorly B/D Stream terraces Bb Bibb sandy loam, 0- 2% slopes 90% Poorly A/D Floodplains GoA Goldsboro sandy loam, 0-2% slopes 2% Moderately well B Flats on marine terraces, broad interstream divides on marine terraces McB Marlboro-Cecil complex, 2-8% slopes 0% Well B Broad interstream divides on marine terraces, ridges on marine terraces NoA Norfolk loamy sand, 0-2% slopes 5% Well A Flats on marine terraces, broad interstream divides on marine terraces NoB Norfolk loamy sand, 2-6% slopes 5% Well A Flats on marine terraces, broad interstream divides on marine terraces Ra Rains sandy loam, 0- 2% slopes 90% Poorly B Carolina bays on marine terraces, broad interstream divides on marine terraces, flats on marine terraces Ro Roanoke loam, 0-2% slopes 100% Poorly C/D Depressions on stream terraces, backswamps on stream terraces WaB Wagram loamy sand, 0-6% slopes 5% Well A Broad interstream divides on marine terraces, ridges on marine terraces Altavista fine sandy loam. This is a very deep, moderately to well-drained soil that occurs on stream terraces of the Coastal Plain. They formed in old loamy alluvium derived from igneous and metamorphic rock, and generally occur on slopes between 0-3%. Runoff is negligible and permeability is moderate. Major uses are cropland. Altavista fine sandy loam occurs along the southeast boundary of the proposed easement throughout most the wetland area. Meadow Spring 7 Parcel Development Package Buffer/Nutrient Offset Site March 2018 Augusta sandy loam. This is a very deep, somewhat poorly drained soil that occurs on stream terraces of the Southern Piedmont and Upper Coastal Plain. They formed in loamy alluvial sediments, and generally occur on slopes between 0-2%. Runoff is negligible and permeability is moderate. Major us is cropland. Augusta sandy loam occurs along the northwest end of the of the planned wetland and near the southern reach of the stream. Bibb sandy loam. This is a very deep, poorly drained soil found on flood plains of the Coastal Plain. Slopes are generally less than 2%. Soils formed in stratified sandy alluvium and have very slow runoff with moderate permeability. The water table is generally within 8 inches of the surface for six to eleven months of the year. Bibb sandy loams occurs along the northernmost reach of the easement; it can also be found in small patches around the project Site. Goldsboro sandy loam. This is a very deep, moderate well-drained soil that occurs on marine terraces and uplands of the lower to upper Coastal Plain. They formed in marine and fluviomarine deposits, and generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate. Major uses are cropland. Goldsboro sandy loam occurs along the middle of the easement and is scattered along the project vicinity. Marlboro- Cecil complex. Marlboro consists of very deep, well-drained soil that occurs on the smooth uplands of the Coastal Plain. They formed in clayey Coastal Plain sediments, and generally occur in slopes 0-15%. Runoff is medium and permeability is moderate. Major uses are cropland. Cecil consists of very deep, well-drained soil that occurs on ridges and side slopes of the Piedmont uplands. They formed in residuum weathered from felsic, igneous and high-grade metamorphic rocks of the Piedmont uplands, and generally occur on slopes between 0-25%. Runoff is medium to rapid and permeability is moderate. Major uses are cultivation, pasture, and forest. Marlboro-Cecil complex is found outside of the easement area in the surrounding cultivated plots. Norfolk loamy sand. This is a very deep, well-drained soil that occurs on interfluves and side slopes of the Coastal Plain. They formed in marine or fluviomarine deposits, and generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate. Major uses are cropland. Norfolk loamy sand is found along the floodplains of the northwestern stream reaches. Rains sandy loam. This is a very deep, poorly drained soil that occurs on crests of the Coastal Plain. They formed in loamy and sandy marine deposits, and generally occur on slopes between 0-2%. Runoff is low and permeability is moderate. Major uses are forest and cropland. Rains sandy loam occurs along the area just north of the easement and along the stream reaches extending out from the site easement. Roanoke loam. This is a very deep, poorly drained soil that occurs on terraces and drainageways of the piedmont and the upper and middle Coastal Plain. They formed in clayey fluvial sediments, and generally occur on slopes between 0-2%. Runoff and permeability are slow to very slow. Major uses are woodland. Roanoke loam occurs along the left floodplain of the southernmost reach of the conservation easement. Wagram loamy sand. This is a very deep, somewhat excessively drained soil that occurs on the interfluves and side slopes of the upper and middle Coastal Plain. They formed in marine and fluviomarine deposits, and generally occur on slopes between 0-15%. Runoff is negligible to medium Meadow Spring 8 Parcel Development Package Buffer/Nutrient Offset Site March 2018 and permeability is moderate. Major uses are cropland. Wagram loamy sand occurs along the right stream bank and floodplain of the northernmost reach in the easement. 2.3 Existing Vegetation Communities Current land use in the vicinity of the project is primarily actively grazed pasture and forest (Appendix D). There are low-density residential lots, maintained vegetation, and two lane roads also present in the area surrounding the project. The site viability letter from DWR in Appendix B provides details on land- uses within the riparian areas on the site. Forested riparian areas have been intermittently cattle-grazed and lack a well-developed understory and shrub strata. The area most closely resemble a disturbed Coastal Plain small stream swamp and are dominated by hardwoods and loblolly pine (Pinus taeda). Canopy species include loblolly pine, blackgum (Nyssa biflora), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and various oaks (Quercus spp.). Sub-canopy species include sweet bay magnolia (Magnolia virginiana) and the main herbaceous species are giant cane (Arundinaria gigantea), Japanese stiltgrass (Microstegium vivenium), dogfennel (Eupatorium capillifolium) and in the wetter areas, soft rush (Juncus effusus), awlfruit sedge (Carex stipata), and netted chainfern (Woodwardia areolata). Riparian Area The project consists of one unnamed tributary that runs through the project and drains directly to the Neuse River. In general, all or portions of the project reaches do not function to their full potential. Current conditions demonstrate significant habitat degradation as a result of impacts from agriculture, historic land uses, and water diversion. Having been channelized in the past, some of the streams do not access their floodplains as frequently as they naturally would have prior to agricultural operations. A farm pond has also altered surface drainage and placed spoil across the floodplain. The pond will be removed and restore the floodplain to its natural state. In most cases, the riparian buffer is in poor condition where much of the riparian buffer is devoid of trees or shrubs and active pasture is directly adjacent to both banks of the existing channel. Reach S6 has a dense privet providing full canopy that is expected to be treated and removed as part of stream restoration work. Habitat along majority of the reaches with proposed restoration is poor in that there is little woody debris or overhanging vegetation for fish cover or protection for other aquatic species. 2.4 Wetlands The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts three wetland areas within the site (Figure 8). There is a pond mapped as PUBHh (Palustrine Unconsolidated Bottom Permanently Flooded Diked/Impound) on the west end of the project. There are two large wetland areas mapped on the east end of the project as PSS1C (Palustrine Scrub-Shrub Broad- Leaved Deciduous Seasonally Flooded) and PFO1C (Palustrine Forested Broad-Leaved Deciduous Seasonally Flooded). A wetland delineation was performed in November 2016. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (DOA 1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). A Meadow Spring 9 Parcel Development Package Buffer/Nutrient Offset Site March 2018 jurisdictional determination request was sent to the USACE on January 2, 2017. The jurisdictional wetland boundaries are depicted on Figure 3. As stated above and shown in Figure 4, wetland restoration and enhancement is being proposed on approximately 36.53 acres of wetlands, to generate 17.02 wetland mitigation units, through a separate mitigation banking instrument with the IRT. However, RES does not plan to convert any wetland mitigation credits to buffer or nutrient credit 2.5 Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The USFWS database (accessed 11 May 2016) lists four endangered species for Johnston County, North Carolina: Red-cockaded woodpecker (Picoides borealis), Tar River spinymussel (Elliptio steinstansana), Dwarf wedgemussel (Alasmidonta heterodon) and Michaux’s sumac (Rhus michauxii). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species are mapped within one mile of the project Site. Results from NHP indicated that there are six known occurrences within a one-mile radius of the project area. The NHP database shows an occurrence of Kidney Sedge (Carex reniformis) historically mapped in 1949. Also within the Neuse River the database has documented occurrences of the Triangle floater (Alasmidonta undulata), Eastern lampmussel (Lampsilis radiate), and Roanoke slabshell (Elliptio roanokensis) which were mapped in 2005 and 2010. The fifth occurrence is the Two-spotted Skipper which is a species of butterfly. The occurrence was mapped on the other side of the Neuse River in 2000. The last occurrence is the Oak Toad which was last observed in 1969. Based on initial site investigations, no impacts to federally protected species are anticipated as a result of the proposed project. The proposed project offers some potential to greatly benefit the downstream water quality within the Upper Neuse sub-basin. A letter from the USFWS dated November 3, 2016 indicated that minimal adverse impacts to fish and wildlife resources are expected as part of the project and that the proposed project could greatly benefit the downstream water quality. USFWS encouraged the catching and removing of non-native fish that currently reside in the pond onsite that is proposed for removal, prior to breaching the dam and connecting this feature with the tributary system to reduce impacts to native aquatic species downstream. Documentation is included in Appendix B. Table 2. Federally Protected Species in Johnston County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Red-cockaded woodpecker Picoides borealis E No Current Bald eagle Haliaeetus leucocephalus BGPA Yes Current Invertebrate: Tar River spinymussel Eliptio steinstansana E No Current Dwarf wedgemussel Alasmidonta heterodon) E No Current Meadow Spring 10 Parcel Development Package Buffer/Nutrient Offset Site March 2018 Common Name Scientific name Federal Status Habitat Present Record Status Vascular Plant: Michaux’s Sumac Rhus Michauxii E No Current E = Endangered; BGPA = Bald and Golden Eagle Protection Act 2.6 Environmental and Cultural Constraints Environmental and cultural resources include historic and archeological resources located in or near the project parcel. RES has evaluated the Parcel’s existing and future conditions of cultural resources to determine potential project impacts. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area. No architectural structures or archeological artifacts have been observed or noted during surveys of the site for restoration purposes. In a letter dated November 28, 2016, in response to the Public Notice for this project, the SHPO stated that they were, “aware of no historic resources which would be affected by the project”. Correspondence is provided in Appendix B. 2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping Reaches S7, S9, S11 and S12 are located within the FEMA 100-year floodplain (Zone AE) but outside of the floodway of the Neuse River (Figure 9). The adjacent land use will not be affected by the proposed design, and no detrimental impacts are expected beyond the easement limits. RES will verify final FEMA coordination in the permitting phase of the project. 3 RIPARIAN RESTORATION & ENHANCEMENT PLAN Riparian restoration and enhancement adjacent to streams are shown in Figures 4 and 5, and were approved by the DWR in their letter dated November 4, 2016 and is attached in Appendix B. All restoration and enhancement activities will begin from the tops of the stream banks and extend outward a maximum of 200’ perpendicular to the stream channel. The restoration of plant communities within the Parcel will not only provide stabilization and improve water quality within the easement limits, but also provide ecological benefits to the entire watershed. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. All riparian restoration and enhancement activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the stream mitigation bank. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the As-Built Report. 3.1 Parcel Preparation Preparation inside of the parcel during riparian restoration activities will include various stabilization Meadow Spring 11 Parcel Development Package Buffer/Nutrient Offset Site March 2018 efforts to minimize the chances of non-diffuse flow. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall be temporarily seeded within 10 working days and upon completion of final grading, permanent vegetation shall be established for all disturbed areas. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled and placed over the site during final soil preparation. This process should provide favorable soil conditions for plant growth. Temporary and permanent riparian seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes shall be planted according to detail shown in the planting plan. 3.2 Riparian Restoration and Enhancement Activities The current land uses adjacent to the streams purposed for buffer restoration and enhancement are primarily composed of forested and non-forested pasture which are actively grazed by livestock, but also includes, row-crops, maintained lawns, and hardwood forests. Restoration activities based on the design approach will include meandering the proposed channel within the natural valley, backfilling the existing stream, reconnecting the channel to its floodplain, removing the existing dam embankment (the pond) and restoring hydrology to historically drained wetlands. Diffused flow will be maintained throughout the mitigated riparian areas. The riparian restoration areas will be surveyed and information will be provided in the As-Built report. Enhancement will also occur in areas of grazing adjacent to the stream in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(6). RES will install cattle exclusion fencing in all riparian areas where enhancement credit under this part of the rule is being requested to exclude access to riparian areas and their associated streams. All fencing will be installed to NRCS specifications. All riparian restoration areas will be planted from top of bank back at least 50 feet from the stream with bare root tree seedlings on an eight by eight foot spacing to achieve an initial density of 680 trees per acre. Bank planting and stabilization will also incorporate the use of a riparian seed mix and temporary ground cover to prevent erosion after construction. The buffered channels will provide water quality and habitat functions within the sensitive Neuse River watershed, such as nutrient and sediment removal, filtration of runoff, and improved aquatic and terrestrial habitat. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). 3.3 Planting Plan Revegetation of the site where riparian restoration is being performed will meet the performance standards outlined in the Rule 15A NCAC 02B .0295. This includes treating invasive species growth and planting at least four native hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at the completion of monitoring. No one tree species will be greater than 50% of the established stems. Coastal Plain Small Stream Swamp will be the target community type and will be used for all areas Meadow Spring 12 Parcel Development Package Buffer/Nutrient Offset Site March 2018 within the project. The community is defined by Schafale and Weakely (1990). The initial planting of bare root trees will occur in winter 2018 or during stream restoration work whichever comes last. Tree species specified for planting on the Meadow Spring Site are shown in Table 3. Table 3. Meadow Spring Site Tree Planting List Common Name Scientific Name Indicator Growth Rate Bald cypress Taxodium distichum OBL rapid Black gum Nyssa biflora OBL moderate Oak, Overcup Quercus lyrata OBL moderate American sycamore Platanus occidentalis FACW rapid Oak, Swamp chestnut Quercus michauxii FACW moderate Oak, Willow Quercus phellos FACW rapid River birch Betula nigra FACW rapid Pawpaw Asimina tribola FAC moderate 3.4 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree-blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site, and will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the “Carolina Vegetation Survey-Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2”. Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least five months from initial planting. As part of the stream mitigation plan, nineteen monitoring plots will be installed a minimum of 100 m2 in size, and will cover at least two percent of the planted mitigation area for the Stream Mitigation Bank, seven of these plots will be randomly placed throughout the planted riparian buffer and nutrient offset mitigation area and will be representative of the riparian buffer restoration areas. And eleven of these plots will be placed within areas where RES is seeking wetland restoration. There will be plots within the riparian buffer that are measuring success of both the riparian area and the wetland areas. Those measuring success of just the buffer areas where buffer credit is being sought, will be provided in the Monitoring reports. The following data will be recorded for all trees in the plots: species, common name, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photos will be taken from all photo points each monitoring year and provided in the annual reports. Visual inspections and photos will be taken to ensure that enhancement areas are being maintained and compliant. The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50% of the established stems, established at a density of at least 260 planted Meadow Spring 13 Parcel Development Package Buffer/Nutrient Offset Site March 2018 trees per acre at the end of Year 5. Appropriate native volunteer species may be included to meet the performance standards as determined by DWR. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. A visual assessment of the cattle exclusion areas within the conservation easement will also be performed each year to confirm: • Fencing is in good condition throughout the site; • no cattle access within the conservation easement area; • no encroachment has occurred; • diffuse flow is being maintained in the conservations easement area; and • there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval. Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer and nutrient offset credits will be monitored in accordance with the monitoring protocol in the Meadow Spring Stream Mitigation Plan. 4.2 Adaptive Management Plan and Parcel Maintenance Adaptive measures will be developed or appropriate remedial actions taken if in the event that the site, or a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be designed to achieve the success criteria specified in this BPDP, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B .0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, RES will develop a species-specific control plan. 4.3 Long Term Management Plan EBX–Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the Johnston County Register of Deeds Office for this site. The Conservation Easement will be assigned to the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds required to uphold the Meadow Spring Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to the NCWHF. The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Site during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the RES Neuse Umbrella Mitigation Banking Instrument for Riparian Buffer and Meadow Spring 14 Parcel Development Package Buffer/Nutrient Offset Site March 2018 Nutrient Offset Credits made and entered into by EBX-Neuse I, LLC and DWR. 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one- hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100% of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6 MITIGATION POTENTIAL The Meadow Spring Mitigation Bank presents 60.93 acres of permanent conservation easement in Johnston County, North Carolina. While this easement also encompasses areas for the Meadow Spring Stream and Wetland Mitigation Bank, the purpose of the Meadow Spring Riparian Buffer & Nutrient Offset Bank is to generate Neuse riparian buffer mitigation and nutrient offset credits. Once finalized a conservation easement and final recorded plat are provided in Appendix C. The widths of the buffer/nutrient offset credit generation areas will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a maximum distance of 200 feet. Wetland mitigation is also being generated throughout the Site. There will be no overlap of credit generation between wetland and riparian crediting areas. This Bank has the potential to generate approximately 4.35 acres (189,486 ft2) of riparian buffer restoration credits on existing non-forested pasture, 0.68 acres (29,627 ft2) of buffer enhancement credits via cattle exclusion, and 1.81 acres (4,114 lbs) of nitrogen nutrient offset credits. The riparian buffer mitigation credits generated will service Neuse buffer impacts within the USGS 8-digit HUC 03020201 of the Neuse River Basin. The Nitrogen nutrient offsets generated will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B .0240 within the USGS 8-digit HUC 03020201, excluding the Falls Lake Watershed. The Sponsor will maintain three credit ledgers. One ledger will account for buffer Restoration credits, one ledger will account for buffer Enhancement credits, and one will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. The total potential mitigation credits that the Meadow Spring Bank will generate are summarized in Table 4; Figure 5. Meadow Spring 15 Parcel Development Package Buffer/Nutrient Offset Site March 2018 Table 4. Meadow Spring Bank Parcel Credit Summary Riparian Zone Credit Type Mitigation Type Existing Acreage Credit Per Acre (ft2)Ratio % Full Credit Mitigation Assets Riparian Buffer Restoration 1.84 43,560 1:1 100%80,150 ft² (1.84 ac) Riparian Buffer Enhancement via Cattle Exclusion 0.74 43,560 2:1 100%16,117 ft² (0.37 ac) Riparian Buffer Restoration 2.51 43,560 1:1 100%109,336 ft² (2.51 ac) Riparian Buffer Enhancement via Cattle Exclusion 0.32 43,560 2:1 100%6,970 ft² (0.16 ac) Riparian Buffer Enhancement via Cattle Exclusion 0.91 43,560 2:1 33%6,541 ft² (0.15 ac) 4.35 Zone Credit Type Mitigation Type Acreage Credit Per Acre (lbs)Ratio 101-200'Nitrogen Restoration 1.81 2,273.02 N/A 1.81 Nutrient Offset Credit Mitigation Assets (lbs) 4,114lbs (1.81ac) 4,114lbs (1.81ac)TOTAL Total Enhancements 1.97 29,627 ft² (0.68 ac) includes ratios & reductions Total Restoration 189,486 ft² (4.35 ac) 101-200' Riparian Buffer Credit 51-100' 0-50' Meadow Spring 16 Parcel Development Package Buffer/Nutrient Offset Site March 2018 The Sponsor may use the 4.35 acres (189,486 ft2) of riparian restoration generated on the non-forested pasture for either Neuse riparian buffer credits or Nitrogen nutrient offset credits, but not both. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient offset credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. 7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits Task Project Milestone % Credit Available for Sale 1 Instrument and BPDP Approved by DWR, Conservation Easement Recorded and Financial Assurance Posted 20 2 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed 20 3 Monitoring Financial Assurance Posted and Approval of As-Built Report 10 4 Monitoring Report #1: Approved by the DWR** 10 5 Monitoring Report #2: Approved by the DWR** 10 6 Monitoring Report #3: Approved by the DWR** 10 7 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 8 Monitoring Report #4: Approved by the DWR** 5 9 Monitoring Report #5: Approved by the DWR** and final site visit by DWR has been conducted 10 Total 100% ** DWR Approval provided upon a determination that the site is meeting success criteria contained within this BPDP Meadow Spring 17 Parcel Development Package Buffer/Nutrient Offset Site February 2018 8 REFERENCES Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2 (http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-lev1-2.pdf). North Carolina Department of Environment and Natural Resources (NCDENR). 2009. “Neuse River Basinwide Water Quality Plan.” Division of Water Quality. http:// http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013). NCDENR. 2010. “N.C. Wetland Assessment Method User Manual Version 4.1.” N.C. Wetland Functional Assessment Team. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. APPENDIX Appendix A. Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Map Figure 4. Conceptual Design Plan for Stream Mitigation and Wetland Restoration/Enhancement Bank Site Figure 5. Conceptual Design for Riparian Buffer and Nutrient Offset Credit Determination Map in BPDP Crediting Area Figure 6. USGS Topographic Map Figure 7. Soils Map Figure 8. National Wetlands Inventory Map Figure 8. FEMA Map • f Halix a- ni � Shcs r 49 + 115' I' Fof Sap SIM 576 If 96 / Butner nfoor 56 Mebane L ni I n I Hillsborough Meadow Spring Mitigation Site m__ji 0; U am _1 o Np gill Cha H I "tbq (' S1 C ( Ion t e 4� _ - cc 04 �ittsboro p Wilson �H Fuquay- a 42J . I � �., An e anford 55 J.'1 Lillington Buies Coats= _ - Creek sbaro Erwin 2 1 Du Walkertavn Cohare a 82 Cohan Sdtsa 1 1 , 401 -Lumbee sdts a 4:1 I Olive Spring 1-4- Fon I Fort Bragg 0 10,li Fiesery:�ln �. Fayetteville Legend Wars aw Buffer Service Area - HUC 03020201 excluding Falls Lake Watershed Nutrient Service Area - HUC 03020201 excluding Falls Lake Watershed Lorm,e, USGS, Intermap, INCREMENT P, NRCan, Es i�-: (Hong Kong), Esri Korea, Esri (ThailaV), Mapmylndia, pen ree ap Contributors, and the GIS User Comm nity N Figure 1 - Service Area Map W E 3 Meadow Spring Mitigation Site res 6 0 5 10 Johnston County, North Carolina j Miles Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,NGCC, © OpenStreetMap contributors, and the GIS User Community 0 21 Miles ©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 2 - Vicinity - MS.mxdLegend Proposed Easement TLW - 03020201100050 Meadow Spring Mitigation Site Latitude: 35.5437° N Longitude: -78.3303° W Figure 2 - Vicinity Map Meadow Spring Mitigation Site Johnston County, North Carolina S7 S6BS6A S 1 1 S 2 S9S1 S5S13S8 S 1 2 NC Center for Geographic Information & Analysis 0 700350 Feet Legend Streams Ephemeral Drainage Ditches Existing Wetlands Existing Pond Proposed Easement - 60.93 Ac. ©Document Path: C:\Users\eteitsworth\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 3 - Existing - MS_EDITED.mxdPowerlineEasement Figure 3 - Existing Conditions Map Meadow Spring Mitigation Site Johnston County, North Carolina WG WHWI WBWF-A WF-B WE WD S6A S7S 1 1S9S 2 S 1 S13S5S12 S6B S7NCCGIA © 0 400200 Feet Figure 4 - 404 Mitigation Conceptual Johnston County, North Carolina REFERENCE 1.) Topographic imagery from U.S.G.S. 2.) Horizontal Datum is NAD83 UTM Z15N. 3.) The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. Date: 2/6/2018 Drawn by: EWT Document Path: C:\Users\eteitsworth\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 4 - 404 Concept - MS -11x17_EDITED.mxdLegend Proposed Easement Ditches (to be plugged) Top of Bank100' 200'Stream MitigationRestoration Enhancement I Enhancement IIEnhancement III PreservationWetland MitigationRe-establishment, 1:1 Re-establishment, 2:1 Rehabilitation, 1.5:1Enhancement, 3:1 Preservation, No Credit TZ Qr BPDP Crediting Area 0 w�E 150 300 Feet i� h r Legen� Fy Proposed Easement h r Legen� Proposed Easement Riparian Buffer Credit I d Riparian Existing Credit Per % Full - Zone Credit Type Mitigation Type Acreage Acre ftp Ratio Credit Mitigation Assets Top of Bank Riparian Restoration 1.84 43,560 1:1 100% 80,150 ft (1.84 ac) — 50 - 0 50' Buffer Riparian Enhancement via Cattle 100 Buffer Riparian Buffer Exclusion 0.74 43,560 Restoration 2.51 43,560 2:1 1:1 100% 16,117 fr2 (0.37 ac) 100% 109,336 ft2 (2.51 ac) 200 Proposed Wetland Mitigation 51-100' Riparian Enhancement via Cattle 0.32 43,560 2:1 100% 6,970fr2(0.16ac) Buffer Crediting Buffer Riparian Exclusion Enhancement via Cattle Buffer Restoration (0-50') 101-200' 0.91 43,560 Buffer Exclusion Total Restoration 4.35 2:1 33% 6,541 ft2 (0.15 ac) 189,486 ft' 29,627 ft' (0.68 ac) Buffer Restoration (51-100') Buffer Enhancement (0-50') Zone Total Enhancements Credit Type 1.97 Nutrient Offset Credit Mitigation Type Acreage Credit Per includes ratios &reductions Ratio Mitigation Assets (lbs) Buffer Enhancement (51-100') Buffer Enhancement (101-200') Acre lbs 101-200' Nitro en I Restoration 1.81 2,273.02 N/A 4,114lbs (1.81ac) Nutrient Offset (101-200') TOTAL 1.81 4,114lbs (1.81ac) Figure 5 - Buffer Conceptual Design Meadow Spring Mitigation Site res 0 Johnston County, North Carolina h r Copyright:© 2013 National Geographic Society, i-cubed 0 2,0001,000 Feet Legend Proposed Easement - 60.93 Ac. Target Parcels ©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 6 - USGS - MS.mxdFigure 6 - USGS Map Meadow Spring Mitigation Site Johnston County, North Carolina NoA Ch NoB NoB AsA NoA Bb AsA NnD NoB McB NoA AaA Ro NoB AuA To NoB NnE Ra NnD Ra Ra NoB NoA WaB NoA NoA WaB GoA NoA Ra CoB Ra GoA GoA NnD CeB Bb GeB Ra W GoA Ch NoA BnA W W W Ch W VrA GoA Ch NC Center for Geographic Information & Analysis 0 700350 Feet Le ge nd Proposed Easement - 60.93 Ac. Non-hydric Soil Soil with Hydric Inclusions Hydric Soil Water ©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 7 - Soils - MS.mxdFigure 7 - Soils Map Meadow Spring Mitigation Site Johnston County, North Carolina PSS1C PFO1C PSS1C PFO1F PFO1C PFO1C PFO1C PSS1FPUBHh R2UBH PFO1A PFO1C R2UBH PFO1C PUBHh PFO1F PFO1A PSS1C PUBHx PUBHh PFO1A PFO1C Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 700350 Feet Legend Proposed Easement - 60.93 Ac. Existing Streams NWI Wetlands ©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 8 - NWI - MS.mxdFigure 8 - National W etlands Inventory Map Meadow Spring Mitigation Site Johnston County, North Carolina Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 700350 Feet Legend Proposed Easement - 60.93 Ac. FEMA Zone AE, Floodway FEMA Zone AE, 100 Yr. Floodplain ©Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Meadow Spring (bank site)\MXD\BPDP\Figure 9 - FEMA - MS.mxdFigure 9 - FEMA Map Meadow Spring Mitigation Site Johnston County, North Carolina Appendix B. Correspondence Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director November 4, 2016 Daniel Ingram Resource Environmental Solutions, LLC 302 Jefferson St., Suite 110 Raleigh, NC 27605 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Meadow Springs Site 2080 Wilson Mills Rd, Smithfield, NC Johnston County Dear Mr. Ingram, On August 2, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a request from Resource Environmental Solutions, LLC (RES), for a site visit near the above -referenced site in the 8 -digit Hydrologic Unit Code 03020201 of the Neuse River Basin to determine the potential for riparian buffer mitigation and nutrient offset. On October 18, 2016, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached aerial initialed by Ms. Merritt on November 2, 2016. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination is provided in the table below and was assessed with the expectation of the site being constructed as a stream and/or wetland mitigation site by RES. This determination is only provided for RES and may need to be re-evaluated if the site does not get constructed as anticipated or involves another mitigation provider. The evaluation was made from Top of Bank (TOB) out to 200' for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 1Subiect Riparian Land uses Buffer 3Nutrient Mitigation Type Determination to Buffer 0-200' Credit Offset Viable Rule at 2,273 Viable lbs acre S2 (at the Stream Yes Actively grazed Yes Yes Restoration site per 15A NCAC 02B DWR flag) pasture w/ a few trees .0295 (o)(3) S3 Wetland No N/A No No N/A S4 Ephemeral No Actively grazed Yes Yes (non- Non -Forested Riparian areas = pasture and a pond forested Restoration site per 15A NCAC 02B (pond is expected to areas only) .0295 (o)(7); must stabilize banks to be drained as part of maintain discernible banks; must stream restoration confirm that the riparian areas are project) within the contributing drainage area to the feature; Forested Areas - Enhancement Site per 15A NCAC 02B.0295 (o)(7) State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Meadow Springs Mitigation Site (RES) November 4, 2016 Feature Classification 1Subiect Riparian Land uses Buffer 3Nutrient Mitigation Type Determination to Buffer 0-200' Credit Offset Viable Rule at 2.273 Viable Ibs acre S5 Stream Yes Actively grazed Yes Yes Restoration site per 15A NCAC 02B pasture .0295 (n) S6 Stream Yes Actively grazed w/ Yes Yes Privet is expected to be treated and dense private mostly removed as part of stream providing full canopy restoration work: in most areas Restoration site per 15A NCAC 02B .0295 (n) were privet is removed and replanted w/ native trees/shrubs; S7 (from Stream Yes Mature natural forest Yes No Forested Areas= Preservationz Site pipeline w/ a narrow non- per 15A NCAC 02B.0295 (o)(5) easement to forested corridor S12) downstream (labeled Non -forested areas = Restoration site S11 on map) per 15A NCAC 02B.0295 (n) S8 Ephemeral No Mature natural forest Yes No Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(7) S10 Wetland No N/A No No N/A S12 Stream No Mature natural forest Yes No Forested Areas= Preservationz Site w/ non -forested per 15A NCAC 02B .0295 (o)(4) grassed road crossing Non -forested areas = Restoration site per 15A NCAC 02B .0295 (o)(3) S13 Stream No Within pipeline No No N/A conservation easement 'Subjectivity calls were determined by DWR in correspondence dated September 1, 2016 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS 215A NCAC 02B .0295 (o)(5) - The area ofpreservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation. Therefore, where Preservation Sites were identified, this rule must be applied to determine the potential creditable acreage. NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment A map showing the project site and the features is provided and initialed by Ms. Merritt on November 4, 2016. This letter should be provided in all future stream, wetland, buffer or nutrient offset mitigation plans for this Site. This letter does not constitute as an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters. 23 Meadow Springs Mitigation Site (RES) November 4, 2016 Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure shall be submitted to DVWR for approval. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset according to 15A NCAC 02B .0240. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/km Attachments: Site Aerial prepared by RES cc: File Copy (Katie Merritt) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch 3�3 r ��Rn rii+�R/�L► J'y ��� rif�llt��Z�0 450 ••. res Water Resources ENVIRONMENTAL QUALITY September 1, 2016 Stephenson 1997 Family Limited Partnership 2080 Wilson Mills Road Smithfield, NC 27577 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMME:RMAN Director Subject: Surface Water Determination Letter NBRRO#16-259 Johnston County Determination Type: Buffer Call Isolated or EIP Call ❑ Neuse (15A NCAC 2B .0233) S2 I ® Ephemeral/Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 213 .0259) ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 26 .0267) Project Name: Meadow Spring Mitigation Site Location/Directions: The projected area is off 2080 Wilson Mills Road in Johnston County Subject Stream: UT to Neuse River Determination Date: 08/17/2016 Staff: Cheng Zhang Feature E/I/P* Start@ Stop@ Soil USGS Topo Survey S2 I DWR flag X S3 wetland S4 E S5 P throughout X S8 E S10 wetland S12 P End of culvert S13 I DWR flag *E/IIP = Ephemeral/Intermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://deq.ne.gov/about/divisions/water-resources 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Meadow z5prmg Mitigation site Johnston County 08/17/2016 Page 2 of 2 This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing If sending via US Postal Service c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this etermination, please feel free to contact Cheng Zhang at (919) 791-4259. ince ly, Danny Smi Supervisor, ater Quality Regional Operations Center cc: RRO DWR File Copy A • 7 ngure Z. Conceptual Design Map C .M Cvi M1P� mdnw n nUM—f;— eft FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVE® November 3, 2016 Nov o s lois Mr. John Thomas RALEIGH REGULATORY FIELD OFFICE U. S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Subject: Action ID # 2016-01989; Modification of the Neu -Con Umbrella Mitigation Banking Instrument associated with the addition of the Meadow Spring Mitigation Site Dear Mr. Thomas: The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above referenced project. The project, based on the description in your letter to our office, the provided Instrument Modification, and other information is expected to have minimal adverse impacts to fish and wildlife resources. The proposed Meadow Spring Mitigation Site is approximately 246 acres, and occurs near the intersection of Wilson's Mills Road and Lee Youngblood. Road, adjacent to an unnamed; tributary of the Neuse River, in Johnston County, North Carolina. The projectproposes to restore 4,945 linear feet (LF) of stream channel and 14.15 acres of wetlands, and to enhance 3,555 LF of stream channel and 6.08 acres of wetlands, all of which will be included within the conservation easement onsite. We do not have any major concerns with the Mitigation site plan as currently proposed, and think this project could greatly benefit the downstream water quality. Downstream water quality in this watershed is greatly important to the Service since there have been records of the following aquatic federal species of concern (FSC) in the recent years: Roanoke slabshell (�;'lliptio roanokensis) found in 2015, 'triangle floater (Alasrnidonta undarlala) found in 2012, and . the State threatened Eastern lampmussel (Lampsillis radiata) found in 2005. There have also been records of the Neuse River Waterdog (Necturis lewisi), also a federal species of concern, found approximately 4.5 miles downstream. The Service encourages mitigation efforts in priority watersheds, or with work that drains to priority watersheds such as this one, that will benefit federal and state listed species. The Service would encourage catching and removing any non-native fish that currently reside in the pond onsite that is proposed for removal, prior to breaching the dam and connecting this feature with the tributary system to reduce impacts to native aquaticspecies downstream. We,will continue to beinvolvedin this project_ through discussions with the IRT, and will provide additional, coin ments in the future if warranted. The Service has reviewed available information on federally -threatened or endangered species known to occur in Jolmson County, specifically within the proposed mitigation work area, and downstream in the Neuse River from the unnamed tributaries of Meadow Spring. Federally listed species in Johnston County, North Carolina include: Red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii), in addition to many other federal species of concern. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state, which can be found here: lrttps:/hrcnlide.natureserve.org/. Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the project area. Therefore, the Service would concur with a determination that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the actions described in the Mitigation Site plan for Meadow Spring are not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of Section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service appreciates the opportunity to comment on this Mitigation Site plan. If you have questions regarding these comments, please contact Emily Wells at 919-856-4520, ext. 25 or by e-mail at < emily_wells@fws.gov >. Sincerely, i Peter B njamin Field Office Supervisor North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Brutus, Administrator Governor Pat McCrory Secretary Susan Klullz November 28, 2016 John Thomas Raleigh Regulatory Field Office 3331 Heritage Trade Street, Suite 105 Wake Forest, NC 27587 Office of Archives and History Deputy Secretary Kevin Cherry Re: Add Meadow Spring Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01989, Johnston County, ER 16-2083 Dear Mr. Thomas: We have received a public notice concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. if you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review2( ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, dv; Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone7Rax: (919) 807-6570/807-6599 Appendix C. Conservation Easement and Plat Note: This appendix will be updated as the easement deeds and plats become available. MODEL CONSERVATION EASEMENT January 18, 2001 Rev’d October 16, 2002 Rev’d August, 2003 Model Conservation Easement for use in preserving mitigation property. Language in italics is instructional, and should be deleted when site-specific Conservation Easement is prepared. PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT (“Conservation Easement”) made this ____ day of __________________, 200_ by and between ________________________, (“Grantor”) and ____________________________________ (Grantee). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in _______________________ County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (“Property”); WHEREAS, Grantee is [either a public body of this state, an agency of the United States, or a nonprofit corporation or trust whose purpose is the conservation of property], and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: [describe by wetland and/or stream type, as well as any associated buffers or upland communities]. The purpose of this Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. [ For use when the mitigation is offered for impacts of a single individual or general permit use] WHEREAS, the preservation of the Property is a condition of Department of the Army permit Action ID ______________ issued by the Wilmington District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland impacts authorized by that permit. Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of enforcement under said permit. [Alternate paragraph for use when the conservation easement supports a mitigation bank] WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the [Name of Bank], Department of the Army Action ID [Action ID number for the mitigation bank]. The Mitigation Bank is intended to be used to compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the Department of the Army. Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor’s personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. [The Corps will generally allow the use of vehicles on existing roads provided those roads are identified by reference to a recorded map showing their location, configuration, and size.] M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR’S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. [For use when mitigation work (approved or required restoration, creation, or enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation on the Property, in accordance with the [describe mitigation plan by title, date and permit action id if a single mitigation site; if a mitigation bank, include the language “detailed mitigation plan approved in accordance with the Mitigation Banking Instrument for the__________________________________Mitigation Bank.] ARTICLE IV. GRANTEE’S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Corps, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee’s expenses, court costs, and attorneys’ fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor’s control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor’s lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: [Name, address and fax number] To Grantee: [Name, address and fax number] To the Corps: [Name, address and fax number] J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee’s interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. [For use if there is a document describing the current condition of the property. The language provided is applicable if there is a mitigation plan that accurately describes the current condition and uses of the property. If there is not such a plan, another document we agree is accurate and can be identified and is in our files can be referenced.]Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Section ___, Appendix B of the Mitigation Plan, dated ________________, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. [Signatures of the Grantor and Grantee in appropriate form] Appendix D. Existing Conditions Photos (February 8, 2018) Meadow Spring BPDP February 2018 Appendix D. Existing Conditions Photos (February 8, 2018) Looking downstream at Reach S1 buffer restoration. 02/08/2018 Looking downstream at Reach S2 buffer enhancement. 02/08/2018 Looking downstream at Reach S2 buffer restoration. 02/08/2018 Current pond in proposed Reach S6-A right bank. 02/08/2018 Looking upstream at nutrient offset buffer on left bank of Reach S6-A. 02/08/2018 Looking downstream at Reach S6-A buffer restoration. 02/08/2018 Meadow Spring BPDP February 2018 Looking upstream at Reach S5 buffer restoration. 02/08/2018 Looking downstream at site of proposed S6-B channel and buffer restoration. 02/08/2018 Looking upstream at site of proposed S6-B channel and buffer restoration. 02/08/2018 Looking downstream at Reach S6-B buffer enhancement. 02/08/2018